Of all the obligations that come with practising as a Notary Public in England and Wales, the duty to maintain accurate and complete records is among the most fundamental. Unlike many other professional record-keeping requirements, notarial records exist not merely for the benefit of the notary or their practice. They serve a wider public interest, providing a reliable and authoritative account of the acts performed, the parties involved, and the circumstances in which documents were executed.
This duty is not optional, nor is it a matter of administrative tidiness. It is a core professional obligation, governed by the Notaries Practice Rules 2019 and overseen by the Faculty Office of the Archbishop of Canterbury, the regulatory body for the notarial profession in England and Wales.
Two Types of Notarial Act, Two Different Rules
The starting point for understanding record keeping is to appreciate that notarial acts in England and Wales fall into two categories, each with distinct record retention requirements.
Public Form Acts
A public form act (also known as an act in the authentic form) is an instrument prepared by the notary in which the notary personally records and confirms facts that they have witnessed or verified. This form of act is particularly significant in civil law jurisdictions, where it carries a high degree of evidential weight. Because of the enduring legal importance of these documents, the rules are unequivocal:
Public form notarial acts must be retained permanently, indefinitely and without exception.
The rationale is straightforward. A public act may need to be consulted years or even decades after it was made, to resolve a dispute, to establish the legal status of a transaction, or to confirm facts that can no longer be verified by other means. The notary’s record is, in effect, the permanent evidence of what occurred.
Private Form Acts
The more common category is the private form act. This is where the notary attaches a notarial certificate to an existing document, authenticating, for example, a signature, a copy, or the execution of a deed. The notary is certifying something about the document rather than creating the primary record of an event.
For private form acts, the minimum retention period is 12 years. This period reflects the general limitation periods applicable under English law, ensuring that the notarial record is available throughout the time in which a legal challenge to the transaction could potentially arise. In practice, many notaries retain records beyond this minimum, particularly where the nature of the act suggests a longer useful life.
Private form acts must be retained for a minimum of 12 years from the date of the act.
What Must Be Recorded?
For each notarial act performed, my records must include the following information:
- The date of the act. This establishes the precise point in time at which the notarial act was performed, which is essential for legal and evidential purposes.
- The person at whose request the act was performed. This identifies the client or instructing party, that is, the individual or organisation on whose behalf the notarial service was provided.
- The method of identification of the person involved. Before performing any notarial act, a Notary is required to satisfy themselves as to the identity of the person signing or otherwise involved. My records must document how that identification was established, for example, by reference to a passport, a photocard driving licence, or other acceptable identity document, together with the document’s reference or expiry details.
- The nature of the act. A clear description of what was done, whether a signature was witnessed, a copy certified, a power of attorney authenticated, a statutory declaration taken, or any other notarial function performed.
- The fees charged. A record of the fees levied for the act provides transparency and forms part of the complete account of the transaction.
In addition to these core requirements, other relevant details may be recorded as appropriate to the complexity of the act, for example, details of the document itself, the destination country, or any particular instructions given by the client.
Why Records Matter: More Than Just Compliance
It would be a mistake to view record keeping as a bureaucratic obligation to be satisfied and forgotten. In practice, the notarial record serves several important functions that reflect the nature of the work itself.
With the passage of time, transactions can become contentious. Property purchases, powers of attorney, business agreements, and cross-border documents may be scrutinised years later by foreign courts, regulatory bodies, or disputing parties. In those circumstances, the notary’s record can be decisive, establishing with certainty who signed a document, when, in what capacity, and having produced what evidence of identity.
Records are also confidential. Access is restricted to the client, the personal representative of a deceased client, or an agent properly authorised by the client. This confidentiality is an integral part of the professional relationship between a notary and their clients.
A Profession Built on Trust
The record-keeping obligations placed on notaries are a direct expression of the unique position the notarial profession occupies. A notary’s act is intended to be trusted not only in England and Wales, but by courts, institutions, and authorities around the world. That trust depends on the integrity of the notary and the reliability of their records.
If you have any questions about the notarial process or would like to discuss how I can assist with your requirements, please do get in touch.
Malcolm Gregory · Notary Public
Email: malcolmgregory@publicnotary.me.uk
Website: www.publicnotary.me.uk